Terms of Use

2) Medical Disclaimer and AI Limitations

2.1 No Medical Advice

• • The Services provide general informational content and automated outputs generated by artificial intelligence (AI).
• • AI responses are not medical advice, diagnosis, or treatment recommendations.
• • The Services are not a substitute for professional medical judgment.
• • Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition.
• • Never disregard professional medical advice or delay seeking it because of information from the Services.

2.2 Emergency Use Prohibition

The Services are not intended for emergency use or real-time clinical monitoring.

2.3 AI Content Limitations and Accuracy Disclaimer

Our AI companion and automated features:

• • May provide inaccurate, incomplete, or inappropriate responses.
• • Are not designed to replace human medical judgment.
• • Should not be relied upon as the sole source for health decisions.
• • May not reflect the most current medical knowledge or guidelines.
• • Process only de-identified information (personal identifiers are removed before any data reaches AI systems).

2.4 User Responsibility and Safeguards

You acknowledge and agree that:

• • You will verify AI-generated information with healthcare professionals.
• • You will not make significant health decisions based solely on AI responses.
• • You understand the limitations of AI in healthcare contexts.
• • You will use the Services only as a supportive tool for tracking and organizing personal health information.

2.5 No Doctor-Patient Relationship

Use of the Services does not create a physician-patient, therapist-patient, or other clinical relationship between you and the Company or any healthcare provider associated with the Services.

2.6 Individual Results May Vary

Health and wellness outcomes vary significantly between individuals; no specific results are guaranteed.

3) Service Description

3.1 Core Features

• • Personal health and wellness tracking tools.
• • Symptom and medication reminder management.
• • AI-powered health companion interactions for educational purposes.
• • Health data organization and PDF report generation.
• • Integration with Apple Health and compatible wearables (with your permission).
• • Location-based health alerts (coarse city/region for pollen and weather triggers).

3.2 Service Nature

We operate as a direct-to-consumer wellness and educational platform. We are not a healthcare provider and do not provide medical care, diagnosis, or treatment services.

4) Subscription Terms and Billing

4.1 Subscription Plans

We offer monthly and annual subscription plans through Apple's in-app purchase system. We do not directly collect or store payment card information.

4.2 Apple In-App Purchase Terms

• • All subscription billing is managed through Apple's App Store.
• • Automatic renewal occurs unless cancelled at least 24 hours before the current period ends (via Apple ID settings).
• • Price changes will be communicated with reasonable advance notice.
• • Refunds are subject to Apple's refund policy and applicable law.

4.3 Cancellation

• • You may cancel at any time through your Apple ID account settings.
• • Cancellation takes effect at the end of the current billing period.
• • You retain access to premium features until the end of the paid period.

5) Eligibility and Account Requirements

5.1 Age Requirements

• • You must be at least 16+ years old to create an account and use the Services.
• • Caregivers aged 16+ may create managed accounts for dependents under their care.

5.2 Account Security and Responsibility

• • You are responsible for maintaining the confidentiality of your credentials and all activities under your account.
• • Notify us immediately of any unauthorized access.
• • Do not share your account credentials.

5.3 Accurate Information

• • Provide accurate, current, and complete information when creating your account.
• • Update information as necessary; providing false information may result in termination.

5.4 Caregiver and Dependent Accounts

• • Caregivers must have legal authority to manage dependents' health information.
• • Caregiver access to dependent accounts is logged and reviewable.

6) Prohibited Uses and Conduct

You may not use the Services to:

• • Provide medical advice, diagnosis, or treatment to others.
• • Substitute the Services for professional medical care.
• • Rely solely on AI outputs for life-threatening conditions or acute symptoms.
• • Share personal health information of others without consent.
• • Use the Services for commercial or revenue-generating activity.
• • Reverse engineer, modify, or distribute our AI models or algorithms.
• • Upload harmful, malicious, or illegal content.
• • Violate any applicable laws or regulations.
• • Attempt unauthorized access to our systems or other users' accounts.
• • Interfere with or disrupt the Services or servers.
• • Practice medicine without proper licensing.
• • Share your account or create false accounts.

7) Intellectual Property Rights

7.1 Our Content and Technology

We own or license all IP in the Services, including source code, databases, functionality, software, AI models, algorithms, designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos.

7.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms (including connecting Apple Health/wearables as intended).

7.3 Your Content and Data

• • You retain ownership of all health data, content, and information you provide.
• • You grant us a limited license to process your data solely to provide the Services as described in our Privacy Policy.
• • AI Processing: Your data is de-identified before any AI processing.
• • No Training Rights: We do not use your personal data to train AI models without your explicit consent.

7.4 AI-Generated Content

• • Provided for informational purposes only.
• • You may use AI outputs for personal reference, but you cannot claim ownership of them.
• • AI outputs are not guaranteed to be accurate, complete, or suitable for your situation.

8) Privacy and Data Protection

8.1 Privacy Policy Integration

Your privacy is critically important to us. Our collection, use, and protection of your information is governed by our Privacy Policy (incorporated by reference).

8.2 HIPAA-Level Protections

We implement encryption in transit and at rest, Business Associate Agreements (BAAs) with service providers who may access health data, and administrative/physical/technical safeguards with access controls and audit logging.

8.3 Data De-identification for AI

Personal identifiers (e.g., names, emails, phone numbers) are removed before any data reaches AI systems. We maintain BAAs with AI service providers (including OpenAI).

8.4 No Data Sales or Advertising

We do not sell, rent, or trade your personal health information, and we do not use your data for targeted advertising or cross-app tracking.

9) Third-Party Integrations and Services

9.1 Apple Health and HealthKit

• • Optional and requires your explicit permission.
• • You control which health data categories are shared with CONY.
• • You can revoke access at any time.
• • Health data from Apple Health is used only for health and fitness purposes.

9.2 Wearable Devices and Health Platforms

• • Optional and controlled by you.
• • We are not responsible for the accuracy of third-party device data; review their privacy policies.
• • You can disconnect integrations at any time.

9.3 App Store Terms

• • If you downloaded the app via Apple, you must comply with Apple's Terms of Service.
• • Billing and refunds are subject to Apple's policies.
• • Reviews/ratings follow Apple's guidelines.

10) Service Availability and Modifications

10.1 Service Changes

We may modify, update, or discontinue aspects of the Services with reasonable notice; material changes affecting core functionality will be communicated in advance.

10.2 Service Availability

We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance may occur; we are not liable for temporary unavailability.

10.3 Geographic Limitations

The Services are intended primarily for users in the United States. If you access from other jurisdictions, you are responsible for local law compliance.

11) Warranties and Disclaimers

11.1 Service "As-Is"

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11.2 AI Content Disclaimers

We make no warranties about the accuracy, completeness, or reliability of AI-generated content; you use it at your own risk.

11.3 Technical Disclaimers

We do not warrant error-free operation, compatibility with all devices/OS/services, or performance under all conditions.

12) Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by law, our total liability to you for any claims related to these Terms or your use of the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

12.2 Excluded Damages

We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, business interruption, loss of use/goodwill, or cover/replacement costs.

12.3 AI-Specific Liability Limitations

We are not liable for reliance on AI outputs, incorrect/incomplete/misleading AI recommendations, health decisions made based on AI, or delays in receiving appropriate care due to reliance on AI content.

12.4 Essential Services Disclaimer

The Services are not intended for life-sustaining or critical medical applications or emergency situations.

13) Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: your use or misuse of the Services; violation of these Terms or the Privacy Policy; violation of third-party rights; health decisions you make based on the Services; content you provide; and failures to comply with applicable laws.

14) Account Termination

14.1 Termination by You

You may delete your account at any time via Settings or by contacting us. Account deletion is processed per our Privacy Policy. Subscription cancellations must be made through Apple ID settings.

14.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms or the Privacy Policy; engage in harmful/illegal/disruptive conduct; provide false information; or use the Services in ways that could harm users or systems.

14.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Data deletion is processed per the Privacy Policy. Certain provisions (warranties, limitations, indemnification) survive termination. You remain liable for prior activities.

15) Dispute Resolution

15.1 Informal Resolution First

Contact danielhcarranza@enduranthealthspan.com to attempt informal resolution; we will work in good faith to resolve disputes.

15.2 Binding Arbitration

Unresolved disputes will be resolved by binding arbitration under American Arbitration Association rules, held in Maryland or conducted remotely. The arbitrator's decision is final and binding.

15.3 Class Action Waiver

You agree to resolve disputes individually and waive participation in class or collective proceedings.

15.4 Exceptions

Either party may seek injunctive relief in court for IP violations or emergency relief to prevent irreparable harm.

16) Regulatory Compliance

16.1 FDA Compliance

The Services are not medical devices and are not regulated by the FDA; no medical claims are made. The Services are not intended to diagnose, treat, cure, or prevent any disease.

16.2 State Health Regulations

You are responsible for complying with applicable state health and privacy regulations. Healthcare providers remain responsible for professional compliance.

16.3 Export and Trade Controls

The Services are subject to U.S. export laws. You may not use the Services from embargoed countries or if you are on U.S. restricted-party lists.

17) General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement and supersede prior understandings.

17.2 Severability

If any provision is found invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect.

17.3 Assignment

We may assign our rights/obligations at any time. You may not assign your rights without our written consent; attempts without consent are void.

17.4 No Waiver

Failure to enforce any provision is not a waiver of the right to enforce it later.

17.5 Updates to Terms

We may update these Terms to reflect changes in the Services or law. Material changes will be communicated with 30 days' advance notice; continued use after changes take effect constitutes acceptance. For significant changes affecting health data use, we may require explicit consent.

18) Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Maryland (without regard to conflict of law principles). Any legal action must be brought in the state or federal courts located in Maryland; you consent to their jurisdiction.

19) Contact Information